نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
As non-governmental public institutions, municipalities are obligated under Article 55 of the Municipalities Act to maintain order, hygiene, and public safety. The increasing presence of stray dogs in urban areas poses a threat to the health and safety of citizens and may result in bodily harm and financial losses. This study aims to examine the criminal liability of municipalities in cases of omission regarding the collection of these animals. It first explores the foundations of corporate criminal liability based on Article 143 of the Islamic Penal Code and related theories of omission. The research then analyzes key challenges such as the ambiguity in establishing causality, inadequate legislation on the management of stray dogs, and the multiplicity of responsible authorities. In the third section, a review of judicial practice reveals that while some rulings have acknowledged municipal liability, the lack of consistent precedent and differing judicial interpretations have limited the effectiveness of this legal path. Finally, the paper offers recommendations including amending Article 143 of the Penal Code to explicitly define the responsibilities of public institutions, drafting a comprehensive urban animal management law, establishing specific legal sanctions for legal entities, creating a reporting system for omissions, and providing legal education to municipal managers to enhance accountability and prevent harm.
کلیدواژهها English